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McKENY CONST. CO., INC. v. TOWN OF ROWLESBURG

No. 20473.

420 S.E.2d 281 (1992)

187 W.Va. 521

McKENY CONSTRUCTION COMPANY, INC., a West Virginia Corporation, Plaintiff Below, Appellant, v. TOWN OF ROWLESBURG and Lennon, Smith & Souleret Engineering Company, Inc., a Pennsylvania Corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 11, 1992.

Attorney(s) appearing for the Case

Everett F. Thaxton, Charles M. Johnstone, II, Thaxton & Daniels, Charleston, for appellant.

Sheila Kae Williams, Kingwood, for appellee, Town of Rowlesburg.

Alfred J. Lemley, Carol Ann Marunich, Furbee, Amos, Webb & Critchfield, Fairmont, for appellee, Lennon, Smith & Souleret Engineering Co.

PER CURIAM:

This is an appeal by McKeny Construction Company, Inc. from an order of the Circuit Court of Preston County granting the Town of Rowlesburg and its engineer, Lennon, Smith & Souleret Engineering, Inc., summary judgment in an action brought by McKeny on three construction contracts. On appeal, McKeny claims that there are genuine issues of material fact and substantial legal questions in the case and that...

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